Fotterall v. Armour

Citations

• 218 Pa. 73
• 66 A. 1001
• 1907 Pa. LEXIS 457

Syllabus

<p>Landlord and tenant — Notice by a tenant as to vacation of premises— Sufficiency of notice.</p> <p>There are no particular words or form prescribed for a notice from a tenant to a landlord as to the vacation of the demised premises. The notice must, however, state clearly, positively and unequivocally the intention of the tenant to vacate or surrender the premises at a fixed time. It must be certain and definite as to the premises, the intention to vacate and the time when the surrender or vacation of the premises is to take place. It must be positive, decisive and without ambiguity.</p> <p>Where a city notifies a tenant of its intention to take a part of the leased premises, and it appears that the taking of the strip by the city did not render the balance valueless for the purposes of the tenant, a mere statement by the tenant to the landlord that it will be necessary for him to vacate the premises, with a request to accept rental to a date mentioned, and with a suggestion that a further amicable arrangement for the future should be made by the parties, but without any statement as to a certain date when the premises would be vacated, is not a sufficient notice to the landlord upon which the latter can safely act.</p>